Seanad debates

Thursday, 24 November 2011

Water Services (Amendment) Bill 2011: Committee Stage (Resumed)

 

11:00 am

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)

This partly relates to what we have discussed about criminality in this Bill. I do not want to labour the point too much but it is a very serious issue. We are raising a serious issue about criminalisation and why we are tabling an amendment in this group of amendments. We do not feel there should be such serious sanctions, as they strike me as a draconian and heavy-handed way of dealing with citizens. There is no clause about inability to pay, which is significant, and there is no acceptance that people might not be able to pay the initial registration fee or upgrade the septic tank. There is no inability to pay clause in any of the Bill, and as a result we suggest that the making of an offence should be taken out. People are not being given the option of making a case for themselves if they are not in a position to pay.

We are trying to highlight the economic position and there are people who cannot and will not pay. There are people who have indicated at public meetings around the country that they will stop inspectors and refuse to allow people on their property. We mentioned the advice of the Attorney General but is the advice available to us?

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